Midstate Mutual Insurance v. Camp Road Transmissions, Inc.

Appeals from a judgment and order (one paper) of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered July 29, 2011. The judgment and order, among other things, denied the motion of plaintiffs to set aside the jury verdict.

It is hereby ordered that the judgment and order so appealed from is unanimously affirmed without costs.

Memorandum: Action No. 1 was commenced by plaintiff, Mid-state Mutual Insurance Company (Midstate), as subrogee of Doreen L. Toporek and Michael I. Rui, and Toporek and Rui (hereafter, plaintiffs) in turn commenced action No. 2 seeking damages related to a fire…